Utah Sees First Spyware Case
denlin writes "According to a story at The Register: 'Overstock.com is set to become the first company to take action under Utah's new anti-spyware law. The company has filed a complaint against online retailer SmartBargains in the third district court in Salt Lake City. Utah's spyware law, the world's first, only made the statute book on 3 May. Utah is the only state with current spyware legislation, although California and Iowa are considering their own versions of the law.'"
I wonder if they will actually get anywhere. While Spyware is annoying and intrusive, the people who put it on your computer are generally in the right by their agreements. Most people that get spyware are uninformed, and ignorant. If you open unsolisited email, or if you download P2P, and other such software, you will end up with spyware.
Here's what I have always wondered - why do merchants say the 1st amendment protect intrusive advertising? Seems to me that if someone doesn't want to hear it, they shouldn't be forced to. Faxers, spammers, all try to hind behind the constitution. I thought the First Amendment only protects free speech, it does not guarantee an audience. Also, it really isn't free speech if it costs people something is it (bandwidth, etc)?
Spyware authors may have been "in the right" :-) An EULA contract is nothing
prior to this law. Why do you think the law
was passed?
when it goes against the law.